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How many years does it take the BVA for a decision after hearing?

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Marauder35

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I had my BVA hearing 25FEB2021 and still no decision.  I call the VA line and ask if they can tell me my docket number and where they are on the docket, they give me a BS scripted answer.  I call the white house line and ask them, 3 weeks later a confrontational BVA lawyer calls me with the same scripted answer.  I call my congressman and ask if they can find out, they email me the answer the VA gives them, which is the same scripted answer.  I initially filed in SEP2015.  This is ridiculous, I am not making any outlandish demands, I just want to know where I am in line.  Sorry for the rant.

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On 11/30/2022 at 11:54 AM, Marauder35 said:

I had my BVA hearing 25FEB2021 and still no decision.  I call the VA line and ask if they can tell me my docket number and where they are on the docket, they give me a BS scripted answer.  I call the white house line and ask them, 3 weeks later a confrontational BVA lawyer calls me with the same scripted answer.  I call my congressman and ask if they can find out, they email me the answer the VA gives them, which is the same scripted answer.  I initially filed in SEP2015.  This is ridiculous, I am not making any outlandish demands, I just want to know where I am in line.  Sorry for the rant.

I had my BVA hearing on June 1, 2022, the judge game me 90 days to get my additional medical evidence until August 29,2022. I had the decision on November 1,2022. 

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Great question!  Its the same one most Vets want to know:  "When will I get a decision?"

Unfortunately, the answer is mostly the same:  "Whenever VA WANTS to get your decision done, and not one second sooner." 

Of course, they dont say it THAT way.  Instead they say things like "Every Veteran's claim is different, and the time depends on a lot of factors, such as how much is the backlog, how long does it take your evidence to be submitted, (put in more excuses in this blank)_________________________________, and other factors." 

With social security, your claim "is expected" to be completed in 120 days.  NO MORE.  One person is assigned to your claim, and, the supervisors watch to see if this deadline is breached, and demand to know why.  American citizens get 120 day limits, Veterans claims can/have taken 20 plus years, and not always because of appeals, sometimes claims simply get lost or ignored.  Mine have.  

No one really knows how long it takes.  The BVA chairmans report, however, does give average times, but there is no guarantee your claim is average.  On page 33, the "average time is 368 days, but it can take 501 MORE days in Legacy, since legacy still requires an SOC.

source:  https://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2021AR.pdf

 

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When you do get the BVA decision it may very well be remanded back to the VARO.  They may or may not then make more errors and lowball you and you have to appeal that back to the BVA.  I had a CUE claim that went to the BVA and I appealed to the COVA.  That took a year extra.  The COVA found an error on BVA and sent it back to BVA.  That took a year.  It finally went back to COVA and a year later I got a final decision.  All told it took me six years to get a real decision.  The VA is unaccountable.  Nobody including your congressman or lawyer can make them do it the way it ought to be done.

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